Users of Incognito Networks' services/products agree to the following Terms of Service and Acceptable Usage Policy. Any violation of the following TOS or AUP can result in the immeadiate suspension or removal of your hosting account and/or dedicated server.

Incognito Networks: Network Usage Policy
The following are considered violations of Incognito Networks' AUP (acceptable use policy)
1. Illegal use: Incognito Networks' services may not be used for illegal purposes, or in support of illegal activities. Incognito Networks reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Threats: Use of the Incognito Networks service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

3. Harassment: Use of the Incognito Networks service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

4. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

5. Fraudulent activity: Use of Incognito Networks service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes" and "chain letters."

6. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Incognito Networks service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Incognito Networks account.

IMPORTANT NOTICE:
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

7. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Incognito Networks account.

8. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Incognito Networks service is in violation of this AUP.

9. Usenet SPAMing: Incognito Networks has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

10. Unauthorized access: Use of the Incognito Networks service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Incognito Networks' or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Incognito Networks account is subject to immediate termination.

11. Copyright or trademark infringement: Use of the Incognito Networks service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

12. Collection of personal data: Use of the Incognito Networks service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

13. Network disruptions and unfriendly activity: Use of the Incognito Networks service for any activity which affects the ability of other people or systems to use Incognito Networks Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Incognito Networks will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

14. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

15. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

16. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

17. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Incognito Networks services could result in suspension service.

18. Third Party Accountability: Incognito Networks subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Incognito Networks: Privacy Policy
Incognito Networks will not sell or release it's customer information to any third-party organization, with the exception that if a government agency with a valid warrant, order, etc. requests such information. Incognito Networks will not protect criminals, and will make no effort to withold user information from government agencies with a valid warrant.

Incognito Network's Full Terms of Service

IMPORTANT NOTICE: *All Payments To “The Company” Are Non-Refundable*
Incognito Networks ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of “The Company” Service constitutes acceptance and agreement to “The Company”'s AUP as well as “The Company”'s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of “The Company”, Inc. and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Washington, Whatcom County applicable to contracts enforceable in that state. Venue will be Whatcom County, Washington

1. Disclosure:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition “The Company” shall have the right to terminate all service set forth in this Agreement.

2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company automatically charges subscriber`s credit card and/or PayPal account every month.

4. Payments and Fees:
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 4 days past due. Accounts that are not collectable by “The Company” may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5. Refund and Disputes:
All payments to “The Company”, Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in “The Company”'s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay “The Company” an "Administrative Fee" of not less than $50 and not more than $150. Refunds will only be granted in the case of "The Company"'s failure to meet the 99.5% uptime SLA of the Apache web service. Refunds will be rewarded on a pro-rated basis, 1% downtime over our uptime SLA will result in a 10% refund of a user's monthly fee, up to a 100% maximum monthly fee refund. Refund requests must be communicated to our sales department before the end of the user's account is renewed for the next month (the end of the billing month).

6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.

8. SPAM and Unsolicited Commercial Email (UCE): “The Company” takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of “The Company” may not use or permit others to use our network to transact in UCE. Customers of “The Company” may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

a. Violation of “The Company”'s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, “The Company” will initiate an immediate investigation (within 48 hours of notification). During the investigation, “The Company” may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, “The Company” may, at its sole discretion, restrict, suspend or terminate customer's account. Further, “The Company” reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. “The Company” will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that “The Company” personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over the “The Company” network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
9. Network
a. IP Address Ownership: If “The Company” assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to “The Company”, and Customer shall have no right to use that Internet Protocol address except as permitted by “The Company” in its sole discretion in connection with the Services, during the term of this Agreement. “The Company” shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by “The Company”, and “The Company” reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client
b. Bandwidth Usage. “The Company” will monitor Customer's bandwidth. “The Company” shall have the right to take corrective action if Customer's usage negatively impacts other clients.
c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the “The Company” Network. Violations of system or network security may result in civil or criminal liability. “The Company” will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
10. Notification of Violation:
a. “The Company” is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
b. First violation: Any User, which “The Company” determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at “The Company”'s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation: Users that “The Company” determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
11. Suspension of Service or Cancellation: “The Company” reserves the right to suspend network access to any customer if in the judgment of the “The Company” network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which “The Company” chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

12. “The Company” reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of “The Company” must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

13. Indemnification: “The Company” wishes to emphasize that in agreeing to the “The Company” Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies “The Company” for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to “The Company” or the bringing of any claim against “The Company” by any third-party. This means that if “The Company” is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against “The Company”, plus all costs and attorney's fees.
13a Customer acknowledges that the service provided is of such a nature
that service can be interrupted for many different reasons and
interruptions can be prolonged due to external or internal events.
Therefore, subscriber agrees that the “The Company” shall not be
liable for any damages arising from such loss of service for any reason.
In no event shall the company be liable for any special or consequential
damages, loss or injury.

13.b Customer acknowledges that colocation servers can be damaged from
shipping and handling of the colocation servers. Customer shall not hold
”The Company” liable for damage to any colocation server for any
reason. The customer is responsible for insuring the monetary value the
of the colocation server for the value of the server. In no event shall
the company be liable for any special or consequential damages, loss or
injury.

14. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
c. “The Company” takes no responsibility for any material input by others and not posted to the “The Company” Network by “The Company”. “The Company” is not responsible for the content of any other websites linked to the “The Company” Network; links are provided as Internet navigation tools only. “The Company” disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
d. “The Company” is not responsible for any damages your business may suffer. “The Company” does not make implied or written warranties for any of our services. “The Company” denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by “The Company”.
e. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
15. Responsibility for Content: You, as “The Company”'s customer, are solely responsible for the content stored on and served by your “The Company” server.

16. Service Cancellations: the Customer wishing to cancel service on an existing account with "The Company" must submit their initial cancellation request seven days before the Customer's recurring bill date in order to avoid an additional charge. Cancellation requests must be submitted to sales@incognitonetworks.com in order to be processed.

After
an order is submitted and payment is received
(generally takes place within minutes) your
order will be handled by a staff member of Incognito
Networks and your account will be setup within
24 hours. Security flags or other rare complications
may increase the setup time slightly.